Warrantless arrest law, Business Law and Ethics

Assignment Help:

The "search incident" exception authorizes a search of the arrestee's person, including examination of personal articles such as wallets, purses, or other items, as well as the area within his immediate control.  Within the home, this will usually mean the ability to thoroughly search the item upon which the suspect is seated, such as a sofa or chair, as well as the ability to look under adjacent furniture.  It is unlikely to permit the opening of drawers or rummaging through cabinets.  Although originally justified for purposes of disarming a suspect or recovering evidence, the search incident is so thoroughly engrained in the law that no justification is necessary.

For purposes of this conference, assume that while riding in the first class section of a plane, a person is legally arrested for transporting illegal drugs by federal authorities.  You (as the Superior Court Judge) are asked to rule on evidence obtained from the following areas.

In your ruling, was it proper for the arresting officers to immediately conduct searches of the following items and places incident to the arrest?

  1. The person's clothing
  2. The person's carry-on bag
  3. The person's suitcase (which is located in the baggage compartment)
  4. The entire first class section of the airplane
  5. The terminal area where the person was sitting prior to boarding

If you elect to permit evidence taken in any of the preceding searches, defend your ruling with interpretations of any pertinent legal statutes or relevant case law decisions


Related Discussions:- Warrantless arrest law

Discuss alternative dispute resolution, QUESTION 1 Nowadays, many peopl...

QUESTION 1 Nowadays, many people are opting for Alternative Dispute Resolution (ADR) as a means to settle commercial disputes due to its advantages. Discuss QUESTION 2

Write briefly on two types of ppp, Question 1: Public Private Partnersh...

Question 1: Public Private Partnership (PPP) means investment through private sector participation by a contractual arrangement between a procuring entity and a private sector

Meaning of public, Meaning Of "Public":                    For the pur...

Meaning Of "Public":                    For the purposes of the prospectus issue the word "public" is declared by S.57 (1) to include "any section of the public, whether selec

Analyse austins command theory of law, Problem 1: Give a critical descr...

Problem 1: Give a critical description of Hart's concept of law and discuss the failings in such theory. Problem 2: Analyse Austin's command theory of law and discuss h

What are the rights and duties of an agent, Question 1 What are the rig...

Question 1 What are the rights and duties of an agent? Question 2 (a) What is the significance of the passing of property i) where the contract is an agreement to se

State the principle of absolute immunity, Explain the principle of absolute...

Explain the principle of absolute immunity The absolute immunity principle gradually eroded and restrictive immunity approach was followed. However, many developing countries r

Open national bidding, QUESTION 1 (a) What are the conditions for use o...

QUESTION 1 (a) What are the conditions for use of the Request for Sealed Quotation method? (b) Explain the procedures to be followed for the preparation of a shortlist for t

Writ system - equity, Writ System: Further a person intending to comme...

Writ System: Further a person intending to commence an action on common law had to acquire a 'writ' from the government department which was authorized to concern writs.  A wr

Significance of registration, Significance of Registration:           ...

Significance of Registration:           S.389 provides that "no company or association or may partnership consisting of more than twenty persons shall be formed... except it i

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd